Conceptual Dilemmas and the Law

Paper Summary:

This paper explains that, when feminist legal theorists and advocates expose the assumptions underlying dilemmas, which are inherent in the concepts of equality and discrimination, it is possible to reconsider and reinterpret relationships and patterns of power that impact on the consequences of difference. The paper then outlines these assumptions along with the counter-assumptions that have been formulated by feminist legal theorists. The paper stresses that all of the assumptions are present in the "Little Sisters" case in which it was decided that gay and lesbian pornography poses a threat to sex equality.

From the Paper:

"Equality rights under the Charter have caused dilemmas additional problems beyond the issues that were to be resolved. While the Charter in combination with legislation is designed to protect women and children from sexual violence and victimization, the defendant is actually the individual who receives protection. Once again, the male norm becomes predominant so that, as feminists point out, the state participates in the male control of female sexuality. To overcome the equality problem and the issue of intrinsic differences, feminists fought for legislation using new terms such as 'gender neutral assault'."

Sample of Sources Used:

• Benedet, J. (2001). Little Sisters Book and Art Emporium v. Minister of Justice: Sex equality and the attack on R. v. Butler. Osgoode Hall Law Journal, 39 (1), 187-26.
• Fudge, J. (1989). The effect of entrenching a Bill of Rights upon political discourse: Feminist demands and sexual violence in Canada. International Journal of the Sociology of Law, 17, 445-463.
• Minow, M. (1990). Making all the Difference. Ithaca: Cornell University Press.
• Razack, S. (1991). Canadian feminism and the law. Toronto: Second Story.
• Tucker, G. (1803). Of husband and wife. Blackstone's Commentaries. London: Blackstone.

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